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  1. #1
    Join Date
    Feb 2018
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    4

    Default Is a Divorce Valid if You Married in a Differrent Country Than Where You Divorced

    My question involves a marriage in the state of: California

    My wife's first marriage was here in California when she was a teenager. They (my wife and her ex husband) moved to Mexico a year later and then they decided to get married in Mexico since they thought that their California marriage may not be legal in Mexico.

    They returned to California and a few years later they divorced.

    We got married six years ago. My question is, since she never got a divorced in Mexico, technically is is still married to her ex husband, so, is this a cause for an annulment of our marriage?

  2. #2
    Join Date
    Oct 2016
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    4,301

    Default Re: Married in Another Country, Grounds for Annulment in USA

    Not in California it isn't. California would see the California marriage as the actual marriage. If California were to acknowledge the Mexican marriage it would make your marriage illegal.

    Here are the legal reason for annulment.

    A. A marriage is NEVER legally valid when it is:

    Incestuous: when the people who are married or in a registered domestic partnership are close blood relatives; or
    Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else.
    Other marriages and partnerships can be declared invalid because of:

    Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
    Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
    Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
    Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.
    Force: either party consented to getting married or filing a domestic partnership as a result of force.
    Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Married in Another Country, Grounds for Annulment in USA

    Mexican law is outside of the realm of this forum. In the United States, she was divorced, whether Mexico accepts that or not.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Married in Another Country, Grounds for Annulment in USA

    Quote Quoting PayrolGuy
    View Post
    Not in California it isn't. California would see the California marriage as the actual marriage. If California were to acknowledge the Mexican marriage it would make your marriage illegal.

    Here are the legal reason for annulment.

    A. A marriage is NEVER legally valid when it is:

    Incestuous: when the people who are married or in a registered domestic partnership are close blood relatives; or
    Bigamous: where a spouse or domestic partner is already married to or in a registered domestic partnership with someone else.
    Other marriages and partnerships can be declared invalid because of:

    Age at the time of marriage or domestic partnership: the party filing for the annulment was under 18 years old at the time of the marriage or domestic partnership.
    Prior existing marriage or domestic partnership: Either party was already legally married or in a registered domestic partnership. This is different from bigamy (which is automatically illegal) because, in this case, the marriage or domestic partnership took place after the former spouse or domestic partner was absent for 5 years and not known to be living or generally thought to be dead.
    Unsound mind: either party was of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, including the obligations that come with it.
    Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.
    Force: either party consented to getting married or filing a domestic partnership as a result of force.
    Physical incapacity: the parties got married or registered a domestic partnership while 1 of them was “physically incapacitated” (basically, it means that 1 of the spouses or partners was physically incapable of “consummating” the relationship) and the incapacity continues and appears to be “incurable.”
    I disagree with you a bit. Or, perhaps your wording is not clear to me.

    No matter where they got married, they got a divorce is CA, so CA is going to recognize them as divorced.

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Married in Another Country, Grounds for Annulment in USA

    The OP's spouse was married first in California, not divorced, and married again in Mexico then divorced in California. This was followed by a California marriage to the OP.

    My theory is based on the fact that the second marriage in Mexico had no legal standing in California because they were already married. I have no idea what Mexican law on the issue is but if Mexico still considers that marriage legal there is a very good chance that California would as well hence the OP's marriage would not be legally valid.

    And that is the the question the OP is asking about. Is the fact that there was a marriage in Mexico that wasn't legally ended IN MEXICO grounds for annulment.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Married in Another Country, Grounds for Annulment in USA

    Quote Quoting PayrolGuy
    View Post
    The OP's spouse was married first in California, not divorced, and married again in Mexico then divorced in California. This was followed by a California marriage to the OP.

    My theory is based on the fact that the second marriage in Mexico had no legal standing in California because they were already married. I have no idea what Mexican law on the issue is but if Mexico still considers that marriage legal there is a very good chance that California would as well hence the OP's marriage would not be legally valid.

    And that is the the question the OP is asking about. Is the fact that there was a marriage in Mexico that wasn't legally ended IN MEXICO grounds for annulment.
    Not in California. In California they are divorced. Since California is where the OP lives, that is all that matters. Even if Mexico did not recognize the CA divorce, CA would still recognize it.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Married in Another Country, Grounds for Annulment in USA

    But let's get back to the OP's question.

    No that isn't grounds for annulment.

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